MEMO
DATE: June 1, 2022SUBJECT: Nondiscrimination Statement Update
TO: All Sponsors of Child Nutrition Programs
FROM: Vonda Ramp, M.S, R.D. State Director, Child Nutrition Programs
MESSAGE:
On May 5, 2022, USDA issued memo CRD -1-2022, Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update. This memo provides guidance related to processing Program complaints that allege discrimination on the basis of sex, including gender identity and sexual orientation, updating the Nondiscrimination Statement (NDS) on Program related materials, and revisions to the “And Justice for All” poster.
It should be noted that the change to the language of the NDS does not change the protected classes. The change to the NDS clarifies that the protected class of sex includes gender identity and sexual orientation. The protected classes remain; race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
The Pennsylvania Department of Education (PDE), Division of Food and Nutrition (DFN), is in the process of updating websites, forms, documents, trainings, etc. that we manage to include the new NDS.
“And Justice for All” posters are being updated by USDA but not yet available. There is no timeline for when the posters will be available. Until updated, Child Nutrition Program sponsors are to continue to use the current poster. PDE, DFN will mail posters to sponsors when they become available.
The link to the updated NDS is below. The NDS is being translated to other languages and will be available on the USDA website as they become available.
USDA Nondiscrimination Statement | Food and Nutrition Service
Child Nutrition Program sponsors must begin the process of updating their websites, forms, documents, trainings, etc. with the new NDS:
• Websites (including all Program documents posted electronically) must be updated by August 3, 2022.
• Printed documents, pamphlets, brochures, etc. with the old (2015) NDS statement must be updated when current supply on hand is exhausted or by September 30, 2023.
• All new printing must use the new (2022) NDS.
Bureau of Budget and Fiscal Management, Division of Food and Nutrition
333 Market Street, 4th Floor | Harrisburg, PA 17126 | 800-331-0129 | F 717-783-6566 | www.education.pa.gov
